Puentes v. Res-Care, Inc.
Plaintiff: Rosemary Puentes
Defendant: Res-Care, Inc.
Case Number: 2:2020cv01320
Filed: December 18, 2020
Court: US District Court for the District of New Mexico
Presiding Judge: Kevin R Sweazea
Referring Judge: Martha Vazquez
2 Judge: Gregory B Wormuth
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 3, 2021 Opinion or Order Filing 21 ORDER by District Judge Martha Vazquez - This matter comes before the Court on #19 Plaintiff's Opposed Motion to Extend Time to Respond to Defendant's Motion to Dismiss Subject to Her Motion to Remand ("Plaintiff's Opposed Motion"). Plaintiff's time to respond to Defendant's Motion to Dismiss is stayed until Defendant files a response in opposition, if any, to Plaintiff's Opposed Motion and the Court has an opportunity to rule on Plaintiff's Opposed Motion. (laz)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 3, 2021 Opinion or Order Filing 20 ORDER by District Judge Martha Vazquez FINDING AS MOOT #14 Motion for Leave to File. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gr)
February 2, 2021 Filing 19 Opposed MOTION for Extension of Time to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Subject to Plaintiff's Motion to Remand by Rosemary Puentes. (Elizondo, Lisa)
January 27, 2021 Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Res-Care, Inc.. (Lamont, Charlotte)
January 25, 2021 Filing 17 NOTICE of Briefing Complete by Rosemary Puentes re #6 MOTION to Remand and for Attorney Fees filed by Rosemary Puentes (Elizondo, Lisa)
January 22, 2021 Filing 16 NOTICE OF WITHDRAWAL OF DOCUMENT as to document #5 Motion to Dismiss by Res-Care, Inc. (Lamont, Charlotte)
January 20, 2021 Filing 15 NOTICE by Rosemary Puentes re #6 MOTION to Remand and for Attorney Fees (Elizondo, Lisa)
January 19, 2021 Filing 14 Opposed MOTION for Leave to File Plaintiff's Opposed Amended Motion to Remand and for Attorney Fees by Rosemary Puentes. (Elizondo, Lisa)
January 19, 2021 Filing 13 REPLY to Response to Motion re #6 MOTION to Remand and for Attorney Fees filed by Rosemary Puentes. (Elizondo, Lisa)
January 13, 2021 Opinion or Order Filing 12 ORDER by District Judge Martha Vazquez GRANTING #10 Motion for Extension of Time to File Response/Reply as to #5 Opposed MOTION to Dismiss and Incorporated Memorandum . IT IS HEREBY ORDERED that Plaintiff's Unopposed Motion to Extend Time to Respond to Defendant's Motion to Dismiss is GRANTED and that Plaintiff shall have until January 25, 2021 to file her response to the Defendant's Motion to Dismiss. (gr)
January 13, 2021 Filing 11 AMENDED COMPLAINT SUBJECT TO PLAINTIFF'S MOTION TO REMAND against Res-Care, Inc.., filed by Rosemary Puentes. (Elizondo, Lisa)
January 11, 2021 Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply as to #5 Opposed MOTION to Dismiss and Incorporated Memorandum by Rosemary Puentes. (Elizondo, Lisa)
January 11, 2021 Filing 9 RESPONSE in Opposition re #6 MOTION to Remand and for Attorney Fees filed by Res-Care, Inc.. (Lamont, Charlotte)
January 5, 2021 Opinion or Order Filing 8 ORDER FINDING GOOD CAUSE TO DELAY ENTRY OF A SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Considering the pending motions seeking dispositive relief, the Court hereby finds good cause under Fed. R. Civ. P. 16 to delay holding a scheduling conference and entering a scheduling order. The Court will set the case for scheduling once the presiding judge resolves the pending motions. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc)
December 30, 2020 Filing 7 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 3. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
December 29, 2020 Filing 6 MOTION to Remand and for Attorney Fees by Rosemary Puentes. (Elizondo, Lisa)
December 28, 2020 Filing 5 ***WITHDRAWN pursuant to #16 Notice of Withdrawal*** Opposed MOTION to Dismiss and Incorporated Memorandum by Res-Care, Inc.. (Lamont, Charlotte) Modified text on 1/25/2021 add withdrawn language (gr).
December 28, 2020 Filing 4 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Martha Vazquez as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Gregory B. Wormuth no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
December 18, 2020 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory B. Wormuth to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
December 18, 2020 Filing 1 NOTICE OF REMOVAL by Res-Care, Inc. from Third Judicial District Court, case number D-307-CV-2020-02299. ( Filing Fee - Online Payment), filed by Res-Care, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet, #6 Supplement Corporate Disclosure Statement)(Lamont, Charlotte)
December 18, 2020 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7462437 re #1 Notice of Removal, filed by Res-Care, Inc. (Payment made via Pay.gov)(Lamont, Charlotte)
December 18, 2020 United States Magistrate Judge Gregory B. Wormuth and United States Magistrate Judge Kevin R. Sweazea assigned. (arp)
December 18, 2020 Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (arp)

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Defendant: Res-Care, Inc.
Represented By: Charlotte A. Lamont
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Plaintiff: Rosemary Puentes
Represented By: Lisa Anne Elizondo
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